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Another aspect of email privacy is the privacy risk that arises from embedded file metadata in email attachments. Such metadata can divulge privacy compromising data, both to unauthorized parties that gain access to the email message, as well as to the intended recipient of the email message.
The legislation "is widely supported by the tech industry and privacy advocates." [1]The Electronic Frontier Foundation has pushed for the legislation for over six years, hailing the House vote in favor of the legislation in 2016 as "a win for user privacy" and urging the Senate to approve it without weakening amendments. [8]
Internet and digital privacy are viewed differently from traditional expectations of privacy. Internet privacy is primarily concerned with protecting user information. Law Professor Jerry Kang explains that the term privacy expresses space, decision, and information. [11]
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Most Internet users expect some extent of privacy protection from the law while they are online. However, scholars argue that lack of understanding of the Internet as either a public or private space leads to issues in defining expectations of the law. [21] The Fourth Amendment may not protect informational privacy.
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Email that is stored on a third party's server for more than 180 days is considered by the law to be abandoned. All that is required to obtain the content of the emails by a law enforcement agency is a written statement certifying that the information is relevant to an investigation, without judicial review. [13]
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